Does cash over USD 10,000 need to be declared before boarding a domestic flight connecting to an international flight?
- By
- Aparna Patel
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- 26 Jul, 2023
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Although it is advisable, wise and logical to file the required report before going through any security, this does not appear to be required by law. The letter of the law, 31 USC 5316, says, in this regard:
…a person…shall file a report…when the person…knowingly…transports, is about to transport, or has transported, monetary instruments of more than $10,000 at one time…from a place in the United States to…a place outside the United States…
What is “about to transport”? Lawyers could argue about whether entering security for your first flight makes you “about to transport” the money. On the other hand the next section is more clear that the place CBP can search for violation of the rule is “at the border”:
For purposes of ensuring compliance with the requirements of section 5316, a customs officer may stop and search, at the border and without a search warrant,…any person entering or departing from the United States.
This seems to imply that CBP wouldn’t have the authority to search for such violations before the international part of your trip. The rules governing TSA on the other hand, are quite clearly focused on aviation security threats and do not mention any collaboration with CBP. So if CBP is concerned about a passenger traveling with a lot of cash, it looks like CBP should wait to search until the passenger boards the international flight.
(I’ve also been screened while entering the jetway to a flight leaving the US, by CBP asking each passenger how much cash they have, so I know they sometimes use this authority the way the law says to.)
Edit—Also, even CBP recognizes that they didn’t follow the law in seizing this man’s money—as shown by the fact they’re returning it instead of taking the case to court.
The form that is required to be completed in such a situation is form FinCEN 105
In the instructions, this form states that :
C. Travelers—Travelers carrying currency or other monetary instruments
with them shall file FinCEN Form 105 at the time of entry into the
United States or at the time of departure from the United States with
the Customs officer in charge at any Customs port of entry or
departure.
Based on this, the form could definitely be submitted after the domestic flight, but before the international flight.
Where this gets confusing is the fact that the US does not have physical immigration (or customs) controls on exit like most countries do. For countries with a physical exit immigration point, it would be obvious that providing this form to the immigration staff would be the correct action.
However the US does not have such a station, and in general most airports do not even have a customs station air-side for departing passengers. This would mean that on arrival into the connecting airport, the passenger would need to exit security, go to the customs office, and then re-enter security.
Thus legally, the declaration could be made at either the originating airport or any connecting airport before departing the US. Logistically, it would most likely be preferably to make the declaration at the initial airport, presuming that airport had a customs officer on duty.
Or even better, use a wire transfer or some other form of electric transfer and don’t risk having your life savings be stolen at some time during your trip!
Credit:stackoverflow.com‘
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